Archives: Race discrimination

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Treading the thin line between incompetence and discrimination

In a boost to the cause of inept line management everywhere, the Employment Appeal Tribunal held last month that it is not permissible to extrapolate without more from conduct which is unreasonable, incompetent and lackadaisical to that which is discriminatory. The point is not wholly new. Back in 1998 the then House of Lords heard … Continue Reading

Extended Comment Period Gives Employers More Time to Weigh In On EEOC’s Proposed Guidelines On Unlawful Harassment

The U.S. Equal Employment Opportunity Commission (EEOC) has provided additional time for public comment on its recently-issued proposed guidelines on unlawful harassment.  The 75-page draft, which issued on January 9, 2017, expands upon existing interpretations of many aspects of workplace harassment, including prohibited bases for harassment, conduct constituting illegal harassment, the role of social media, … Continue Reading

EEOC Issues Long-Awaited Retaliation Guidance

On August 29, 2016, the Equal Employment Opportunity Commission (EEOC) issued its final “Enforcement Guidance on Retaliation and Related Issues,” which replaced the Agency’s nearly-20-year-old 1998 Compliance Manual, Section 8: Retaliation.  As the title clearly implies, the guidance primarily sets forth the Agency’s evolving interpretations of the law of retaliation.  It also focuses on the … Continue Reading

No race discrimination in employer not investigating dishonest grievance

A finding of race discrimination in the UK requires the employee to show both (a) that he was less favourably treated on grounds of race; and (b) that he suffered a detriment.  The need to establish (b) separately is often overlooked, in that less favourable treatment is, by itself, pretty invariably a detriment.  However, the … Continue Reading

Mind your language – European decision reinforces recruitment best practice

Maybe surprisingly for a country which has traditionally overcome its limited second language capability by slowing its speech and raising its voice, it is not the UK which is in the news for challenging an EU jobs list advertisement requiring candidates to possess certain foreign language skills. Instead it is Italy and Spain which have … Continue Reading

Supreme Court Rules EEOC Conciliation Efforts Are Subject to Oversight

On April 29, the US Supreme Court held unanimously that courts may review the Equal Employment Opportunity Commission’s (EEOC) efforts to informally resolve disputes between employers and employees. The EEOC, which is charged with policing compliance with employment discrimination laws, is required by statute to first try informal mediation methods to resolve disputes between employers … Continue Reading

EEOC Charge Filing in 2014: Number of Charges Down, Retaliation Claims Up

The U.S. Equal Employment Opportunity Commission (EEOC) has released its annual statistical report  detailing charge filing activity in 2014.  The EEOC, the federal administrative agency which investigates and prosecutes claims of employment discrimination, harassment, and retaliation under a number of employment and civil rights statutes, reported 88,778 charges filed in 2014, down from 93,727 charges filed … Continue Reading

A blog of two halves (Part 3) – Rooney misses open goal

Reported this week on BBC Sport Online are the results of a study funded by Football Against Racism in Europe (“FARE”) into ethnic minority representation in professional football coaching hierarchies. It makes interesting, if faintly one-sided, reading. Taking the six most senior coaching staff at each of the 92 professional Clubs in the English Leagues … Continue Reading

A blog of two halves – can Rooney tackle discrimination in UK football management?

The issue of discrimination in professional football has again come to the fore through public statements by Fifa Vice President Jeffrey Webb in The Guardian newspaper that such discrimination is “overt”. This time attention turns to the under-representation of ethnic minority managers in the English football leagues. In particular, the talk has focussed on the … Continue Reading
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